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Res P-97-39 RESOLUTION NO. P- 97-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY , C APPROVING VARIANCE 97-06 ASSESSOR'S PARCEL NUMBER 314-771-12 WHEREAS, Variance 97-06 submitted by Kathleen and Mark Paur, Applicants, request approval to construct a detached pool cabana within a portion of the required ten- foot separation between the existing main house and cabana for the property located at 14508 Crestwood Avenue, in the Rancho Arbolitos Planned Community; and WHEREAS, on August 5, 1997, the City Council held a duly advertised public hearing to solicit from the public, both pre and con, relative to this application. NOW, THEREFORE, the City Council does hereby follows: The City Council finds that Variance 97-06 is exempt from the provisions of the California E Quality Act, Categorical Exemption Class 5, as the project is a minor alteration to land use I = = The approved project' I with the general plan in that it proposes the : 'y structure to a single family home on a lot that is designated for residential use. That there are special 3plicable to the property, and because of this, the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification. The special de the fact that the lot is an irregular shape and that there is only ' ' 3 area within the rear and side yard which :late the proposed structure. That granting the variance or its modification is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning for which the variance is sought, in that other properties in the vicinity contain pool cabanas. That granting the variance or its modification will not be materially detrimental to the public health, safety, or well ' ' to the property or imp 3 vicinity and zone in which the property is located in that the building will observe required side and rear yard setbacks and will be served by the main house for utilities. Resolution No. P- 97-39 Page 2 o That the granting of this variance does not constitute a special privilege I with the I ~on other properties in the vicinity and zone. = That the granting of th' does not allow th / which is not otherwise expressly authorized by zoning development regulations governing the pamel or property in that accessory structures are permitted by right in residential areas. uncil Decision: The City Council hereby approves Variance 97-06 subject to the following conditions of approval: Within 30 days of approval the applicant shall submit in writing that all conditions of approval have read and understood. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the condir :1 herein. = Revised site plans and building )orating all conditions of approval shall be submitted to the Planning Services Department prior submittal of building permit plan check. Approval of this request shall not Ord' ~1 all other applicable City Ord permit issuance. ~liance with all : the Zoning fect at the time of building The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ord ~:ect at the time of building permit issuance. = The appropriate Building Department approvals and fees shall be received prior to the start of 6. Low flow plumbing fixd :luired to be used in all The new building's exterior finishes and materials shall match that of the main house. Resolution No. P-97-39 Page 3 This approval shall b II and void if building permits have not been issued on the project by August 5, 1999. COMPLIANCE WITH THE FOLLOWING CONDITION IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. 1. It is possible that a residential fire sprinkler system may be required. PI t the Poway Fire Prevention Bureau for furth APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 5th day of August, 1997. Betty Re,ford, Deputy Mayor ATTEST: Marjorie K~ Wahlsten, City Clerk STATEkO¢ CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. was duly adopted by the City Council at a meeting of said City Council held on the 5th day of August 1997, and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY, GOLDBY, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON K. Wahlsten, City Clerk City of-Poway e:\cit~